ECUADOR

• Kinds of Trademarks registrable in ECUADOR

  • Following indications may be used as Trademarks in Ecuador:

    1. Words, Phrases, Expressions and Logos
    2.  Letters & Numbers
    3. Graphical Representations
    4. 3D Marks
    5. Smell Marks
    6. Sound Tracks
    7. Colour MarksCombinations of all of the above

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    •  Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in ECUADOR

  • Trademarks must contain the following essential requirements to be registrable in Ecuador:

    1. Distinctiveness
    2. Non-descriptive of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in ECUADOR

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Ecuador:

    1. Trademarks that do not represent a mark as set forth by law.
    2. Trademarks related to public property or are not distinguishable.
    3. Symbols that represent the form or cover of goods if its nature, function or packaging required thereof as an intrinsic part.
    4. Trademarks contrary to public order or morals as well as those the use of which is prohibited under the national law, or bilateral or multilateral agreements to which Colombia is a party.
    5. Trademarks comprising a simulation or imitation of official logos, flags, other logos, abbreviated names, symbols, signs or official hallmarks used for the purposes of control and guarantee by a country or an intergovernmental organization established under an international agreement, unless the competent authority has licensed such state or organization to do so.
    6. Trademarks which would mislead the public or commercial society with regard to the nature, quality or source of goods and services and other related characteristics.
    7. Trademarks which exclusively or partially constitute an indication that would involve confusion regarding the geographical origin of certain goods or services. In case such symbols have been illegally registered as a mark, the use of that geographical indication would be hindered by third parties entitled thereof.
    8. Trademarks similar or identical to a mark or a trade name well-known in Colombia and have been used for similar or identical goods belonging to another institution to the extent that causes confusion between both of them, or symbols which are a translation of another mark or trade name.
    9. Trademarks identical or similar to a mark that has been the subject matter of a registration application or a registration including goods or services identical or similar to those for which the manufacturing mark or trademark has been registered which would result in confusion .

    TrademarkCopia through its associate Law Firms and Lawyers in Ecuador is at hand to help you with trademark registration and prosecution.

• Trademark Search in ECUADOR

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Trademark Office of Colombia.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Ecuador.

• Trademark Filing in ECUADOR

  • Filing is done with the Trademark office of Ecuador.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA) – Original PoA duly notarised and legalised Ecuadorian Consul and must be filed within 60 days of the application
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in ECUADOR

  • Once the trademark application is filed with the IP office, it is assessed to confirm that it meets the requirements of registration as per the trademarks act.If the trademark application meets all the requirements of registration, it will be accepted for registration.

    If not, the applicant is notified of the same with a report setting out requirements if any that need compliance.

    The applicant has a stipulated period of time from the date of the examiner report to respond to compliances if any within the stipulated time, the trademark application is deemed abandoned.

• Trademark Publication & Opposition in ECUADOR

  • Once the trademark application is accepted for registration, the details of the application will be advertised in the official Journal of Trademarks.Interested parties may oppose the registration within stipulated time from the date of advertisement.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Ecuador can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in ECUADOR

  • If there is no opposition to the trademark application, or the opposition is unsuccessful, the applicant trademark will be registered and Certificate of registration is issued. Rights of Trademark Owners:

    The term of registration is 10 years after which it can be renewed for another 10 years for unlimited tenure.

    Trademarks may be:

    1.  Exclusively used by the owners of the registered trademarks.
    2. Transferred in whole or in part- Inherited
    3. Assigned and licensed.
    4.  Mortgaged and creditors may seize such trademarks belonging to their debtors.
    5. Licensed to natural or legal persons
    6. Prevented from unauthorized usage by third parties
    7. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in ECUADOR

  • Pre-Registration: There is no advantage in using the marks before registration, as rights are acquired only through registration.

    Post-Registration: If the mark is not used continuously within 3 yrs. in Ecuador or any member country of the Andean pact, could make the mark vulnerable to be cancelled at the insistence of interested 3rd parties. Non-use of a mark however, is exempted only with proper justification.

• Trademark Cost of Registration in ECUADOR

  • Please write mail for the cost of registration of trademark in Ecuador to the mail address given below:

    contact@trademarkcopia.com